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Author: Colin Harvey
Publisher: Bloomsbury Publishing
ISBN: 1847319793
Category : Law
Languages : en
Pages : 284
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Book Description
This collection examines the role and value of rights in divided and post-conflict societies, approaching the subject from a comparative and theoretical perspective. Societies emerging from violent conflict often opt for a bill of rights as part of a wider package of constitutional reform. Where conflict is fuelled by longstanding ethno-national divisions, these divisions are often addressed through group-differentiated rights. Recent constitutional settlements have highlighted the difficulties in drafting a bill of rights in divided/post-conflict societies, where the aim of promoting unity is frequently in tension with the need to accommodate difference. In such cases, a bill of rights might be a rallying point around which both minorities and the majority can articulate a common vision for a shared society. Conversely, a bill of rights might provide merely another venue in which to play out familiar conflicts, further dividing an already divided society. The central questions that animate the collection are: (1) Can constitutional rights provide a basis for unity and a common 'human rights culture' in divided societies? If so, how? (2) To what extent should divided societies opt for a universalistic package of rights protections, or should the rights be tailored to the specific circumstances of a divided society, providing for special group-sensitive protections for minorities? (3) Is a divided society more or less likely to adopt a bill of rights? (4) How does the judiciary figure in the management or resolution of ethno-national conflict? (5) What are the general theoretical and philosophical issues at stake in a rights-based approach to the management or resolution of ethno-national divisions or other conflicts?
Author: Ayelet Harel-Shalev
Publisher: Studies in Public Policy
ISBN: 9780739126844
Category : Citizenship
Languages : en
Pages : 0
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Book Description
"Harel-Shalev's study is outstanding. Finally, a cogent and intelligent analysis of the myriad ways deeply divided societies maintain and negotiate democratic practices. This book will prove to be essential reading for anyone interested in the topics of identity politics, public policy, and democracy."---Rebecca Kook, Ben Gurion University --
Author: Erin Daly
Publisher:
ISBN: 9780812239768
Category : Political Science
Languages : en
Pages : 323
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Book Description
Finding common ground -- Reconciliation in layers -- Reconciliation's internal logic -- Reconciliation reconstructed
Author: Adrian Guelke
Publisher: John Wiley & Sons
ISBN: 0745660649
Category : Political Science
Languages : en
Pages : 204
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Book Description
The establishment of durable, democratic institutions constitutes one of the major challenges of our age. As countless contemporary examples have shown, it requires far more than simply the holding of free elections. The consolidation of a legitimate constitutional order is difficult to achieve in any society, but it is especially problematic in societies with deep social cleavages. This book provides an authoritative and systematic analysis of the politics of so-called 'deeply divided societies' in the post Cold War era. From Bosnia to South Africa, Northern Ireland to Iraq, it explains why such places are so prone to political violence, and demonstrates why - even in times of peace - the fear of violence continues to shape attitudes, entrenching divisions in societies that already lack consensus on their political institutions. Combining intellectual rigour and accessibility, it examines the challenge of establishing order and justice in such unstable environments, and critically assesses a range of political options available, from partition to power-sharing and various initiatives to promote integration. The Politics of Deeply Divided Societies is an ideal resource for students of comparative politics and related disciplines, as well as anyone with an interest in the dynamics of ethnic conflict and nationalism.
Author: Sujit Choudhry
Publisher: OUP Oxford
ISBN: 0191021512
Category : Law
Languages : en
Pages : 496
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Book Description
How should constitutional design respond to the opportunities and challenges raised by ethnic, linguistic, religious, and cultural differences, and do so in ways that promote democracy, social justice, peace and stability? This is one of the most difficult questions facing societies in the world today. There are two schools of thought on how to answer this question. Under the heading of accommodation, some have argued for the need to recognize, institutionalize and empower differences. There are a range of constitutional instruments available to achieve this goal, such as multinational federalism and administrative decentralization, legal pluralism (e.g. religious personal law), other forms of non-territorial minority rights (e.g. minority language and religious education rights), consociationalism, affirmative action, legislative quotas, etc. But others have countered that such practices may entrench, perpetuate and exacerbate the very divisions they are designed to manage. They propose a range of alternative strategies that fall under the rubric of integration that will blur, transcend and cross-cut differences. Such strategies include bills of rights enshrining universal human rights enforced by judicial review, policies of disestablishment (religious and ethnocultural), federalism and electoral systems designed specifically to include members of different groups within the same political unit and to disperse members of the same group across different units, are some examples. In this volume, leading scholars of constitutional law, comparative politics and political theory address the debate at a conceptual level, as well as through numerous country case-studies, through an interdisciplinary lens, but with a legal and institutional focus.
Author: Hanna Lerner
Publisher: Cambridge University Press
ISBN: 1139502921
Category : Law
Languages : en
Pages : 273
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Book Description
How can societies still grappling over the common values and shared vision of their state draft a democratic constitution? This is the central puzzle of Making Constitutions in Deeply Divided Societies. While most theories discuss constitution-making in the context of a moment of revolutionary change, Hanna Lerner argues that an incrementalist approach to constitution-making can enable societies riven by deep internal disagreements to either enact a written constitution or function with an unwritten one. She illustrates the process of constitution-writing in three deeply divided societies - Israel, India and Ireland - and explores the various incrementalist strategies deployed by their drafters. These include the avoidance of clear decisions, the use of ambivalent legal language and the inclusion of contrasting provisions in the constitution. Such techniques allow the deferral of controversial choices regarding the foundational aspects of the polity to future political institutions, thus enabling the constitution to reflect a divided identity.
Author: Ben Reilly
Publisher: Cambridge University Press
ISBN: 9780521797306
Category : Political Science
Languages : en
Pages : 236
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Book Description
This text examines the potential of electoral engineering as a mechanism of conflict management in divided societies. It focuses on the little-known experience of a number of divided societies which have used vote-pooling electoral systems.
Author: Yonatan T. Fessha
Publisher: Springer Nature
ISBN: 3030887855
Category : Political Science
Languages : en
Pages : 262
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Book Description
This edited volume examines the form and operation of intergovernmental relations in divided societies. Using eight country case studies, it explores the interplay between politicised ethno-cultural diversity and intergovernmental relations (IGR) in countries where the distinctive identity of at least one subnational unit is acknowledged in a form of territorial autonomy. The book examines whether and how the distinctive identity of particular subnational units and the attending competing constitutional visions shape the dynamics of IGR. The goal here is not simply to determine whether intergovernmental interactions in such societies are less cordial and more conflictual than in other societies. Such interaction in any society could be strained as a result of disagreement over specific policy objectives. The question is whether the distinctive identity of particular subnational units and the attending competing constitutional visions themselves have been a primary source of intergovernmental tension. The book also examines the impact of identity politics on institutions and instruments of IGR, determining whether the ethno-cultural divide and the tension it creates have the tendency to affect the type of institutions and instruments employed in IGR. It is also about the relevance and effectiveness of institutions and instruments of IGR in acknowledging and accommodating the distinctive identities and specific demands of subnational units, thereby contributing to the peaceful management of divided societies.
Author: John Nagle
Publisher: Routledge
ISBN: 1317507991
Category : Social Science
Languages : en
Pages : 305
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Book Description
Violently divided societies present major challenges to institutions seeking to establish peace in places characterised by ethnic conflict and high levels of social segregation. Yet such societies also contain groups that refuse to be confined within separate forms of ethnic community and instead develop alternative modes of action that generate shared identities, build trust and foster consensual, peaceful politics. Advancing a unique social movement approach to the study of violently divided societies, this book highlights how various social movements function within a context of violent ethnic politics and provide new ways of imagining citizenship that complements peacebuilding. By analysing the impact of social movements on divided societies, this book contributes to debates about the complexity of belonging and identity, and constructs a nuanced understanding of political mobilisation in regions defined by ethnic violence. In turn, the book provides important insights into the dynamics of social movement mobilisation. Based on the author's extensive research in Lebanon and Northern Ireland, and drawing on numerous examples from other divided societies, this book examines a range of social movements, including nationalists, victims, sexual minorities, labour movements, feminists, environmentalists, secularists, and peace movements. Bringing together social theory and case studies in order to consider how grassroots movements intersect with political institutions, this book will be of interest to students, scholars and policymakers working in sociology and politics.
Author: Colin Harvey
Publisher: Bloomsbury Publishing
ISBN: 1847319807
Category : Law
Languages : en
Pages : 302
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Book Description
This collection examines the role and value of rights in divided and post-conflict societies, approaching the subject from a comparative and theoretical perspective. Societies emerging from violent conflict often opt for a bill of rights as part of a wider package of constitutional reform. Where conflict is fuelled by longstanding ethno-national divisions, these divisions are often addressed through group-differentiated rights. Recent constitutional settlements have highlighted the difficulties in drafting a bill of rights in divided/post-conflict societies, where the aim of promoting unity is frequently in tension with the need to accommodate difference. In such cases, a bill of rights might be a rallying point around which both minorities and the majority can articulate a common vision for a shared society. Conversely, a bill of rights might provide merely another venue in which to play out familiar conflicts, further dividing an already divided society. The central questions that animate the collection are: (1) Can constitutional rights provide a basis for unity and a common 'human rights culture' in divided societies? If so, how? (2) To what extent should divided societies opt for a universalistic package of rights protections, or should the rights be tailored to the specific circumstances of a divided society, providing for special group-sensitive protections for minorities? (3) Is a divided society more or less likely to adopt a bill of rights? (4) How does the judiciary figure in the management or resolution of ethno-national conflict? (5) What are the general theoretical and philosophical issues at stake in a rights-based approach to the management or resolution of ethno-national divisions or other conflicts?
Author: Christalla Yakinthou
Publisher: Springer
ISBN: 0230246877
Category : Political Science
Languages : en
Pages : 290
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Book Description
Yakinthou throws light on the challenges of adopting political settlements in frozen conflicts and divided societies by focusing on the conflict in Cyprus, the resolution of which has for years been held up, in large part by elite intransigence. The book offers answers for why elites in Cyprus are so unwilling to adopt a power-sharing solution.
